Judgment:
TA 37/2013 (O&M) #1# IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH TA 37/2013 (O&M) Date of decision:09/05/2013 Sudesh .............Petitioner v.
Kanwar Pal .............Respondent CORAM: HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Randeep Singh, Advocate for the petitioner.
None for the respondent.
Jaswant Singh,J(Oral).Petitioner wife has filed the present transfer application under Section 24 CPC for the transfer of petition filed by respondent husband under Section 13 of the Hindu Marriage Act,1955 (for short “the Act”.) titled Kanwar Pal versus Sudesh from the Court of learned District Judge, Yamunanagar at Jagadhri to the Court of competent jurisdiction at Karnal.
It is stated that the marriage between the parties was solemnized on 6.5.2007 and out of the said wedlock one female child was born.
Due to dowry demand, it is alleged that the petitioner alongwith minot child was turned out of the matrimonial home at Yamunanagar.
Petitioner-wife is stated to be residing separately along with minot child at her parental home at Village Bhoji Khalsa, PS Indri, District Karnal.
It is stated that the petitioner-wife has filed a petition under Section 12 of the Domestic Violence Act, which is pending in the TA 37/2013 (O&M) #2# court at Karnal.
Thereafter, the respondent husband filed a petition under Section 13 of the Act which, as noticed above, is pending in the Court of learned District Judge, Yamunanagar at Jagadhri.
It is averred that the petitioner wife is a house wife, has no source of income and she alongwith her minot child is fully dependent upon her parents and in these circumstances, it is difficult for the petitioner to attend the proceedings initiated by the respondent husband at Yamunanagar, which is about 80 kms away from Karnal.
As per office report, respondent has been served by way of affixation, however, he is stated to be avoiding service.
After hearing learned counsel for the petitioner and taking into account the fact that a petition is already pending at Karnal, I find that the grounds set out in the petition are sufficient to allow the petition as it is well settled that in matrimonial proceedings initiated by the husband against wife, convenience of wife must be looked at.
Reliance in this regard can be placed upon Sumita Singh v.
Kumar Sanjay and another, AIR 200.SC 396.
In view of the above, the present petition is allowed, the petition under Section 13 of the Act titled Kanwar Pal versus Sudesh from the Court of learned District Judge, Yamunanagar at Jagadhri is ordered to be withdrawn and transferred to the District Courts, Karnal for disposal in accordance with law from the stage of withdrawal.
May 09, 2013 ( JASWANT SINGH ) manot JUDGE